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High court overturns landownership ruling
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Posted on Apr 15 2008
The CNMI Supreme Court has reversed a Superior Court decision dismissing Arthur B. Camacho’s landownership case against the Micronesian Development Co. and the Marianas Public Lands Authority, saying that the lower court failed to address a number of relevant facts.
The history of the case began in 1964, when the Trust Territory government issued Bruno R. Torres a homestead permit to a parcel of land on Tinian. In 1965, the Trust Territory government leased a 7,500-acre parcel of land to MDC, which contained all or part of Torres’ homestead property. The homestead property switched hands over the years and, in 1973, the land came into Antonio Camacho’s possession.
In 1979, the Marianas Public Land Corp. granted a 20-year leasehold extension to MDC, but, in 1981, the Commonwealth government issued a fee simple certificate to Antonio Camacho and the deed did not mention the MDC leasehold or its extension. In 1982, Antonio Camacho died and the property ultimately passed to Clarissa Camacho and Arthur Camacho. Arthur Camacho claimed that he discovered the encroachment of the MDC leasehold in 1996, and brought this lawsuit against both MPLA and MDC for trespass and unconstitutional taking.
The Superior Court dismissed the Camachos’ lawsuit on the grounds that it failed to state a cause of action. The Supreme Court found that the Superior Court dismissed the case without addressing a number of disputed determinative factual matters. The decision was reversed and the case was sent back to the Superior Court to make those factual determinations.
The Supreme Court panel that heard the case was composed of Associate Justice Alexandro C. Castro of the Commonwealth Supreme Court, as well as Chief Justice Robert J. Torres, Jr. of the Guam Supreme Court and former Justice Jesus C. Borja of the Commonwealth Supreme Court sitting as Justices Pro Tem. [B][I](PR)[/I][/B]
